Xinhua News Agency, November 9 (Reporter Zhou Kai, Yu Xiao) year-once "double 11" e-commerce shopping festival is coming. Under the various subsidies, advertisements and discounts of the merchants, many consumers have been impulsive for a while, but they find that the deposit cannot be returned.
Many "Double 11 Tailings" proposed questions, and there is still a refund of "regret medicine"? Ms. Chen, Chongqing, is online shopping. During the first wave of e-commerce platforms in late October, she will hold their own "shopping cart" and pay the deposit.
A few days later, she found that there were no more opportunities to wear, and they wanted to retreat, but the shop passenger told her that the deposit payded was unable to refund.
Why can the business do not retreat? Professor of the School of Division, Southwest University of Political Science and Law, Tan Qiping, Vice President of the China Law Society, Tan Qiping, the deposit is different from advance payment, deposit, deposit, deposit, etc. Articles 586 of the People’s Republic of China on January 1 this year, 587, 587, 587: The parties can agree to the other party to pay the guarantor as a guarantee of credit.
The deposit contract is established from the actual delivery of the deposit. If you do not fulfill the debt or fulfill the debt, it is not possible to return to the deposit.
The reporter saw that the "Double 11" consumer rules of an e-commerce platform are specifically designed for "deposit": "The deposit is mainly used as a purchase quota when purchasing pre-sale goods, guarantees the contract, and after paying the deposit, the buyers should Consciously abide by the Civil Code Relevant Provisions
"The consumers can refund after paying the deposit? Professor Tan Qiping said that Article 11 of the Civil Code stipulates that other laws have special provisions of civil relations, in accordance with their provisions." People’s Republic of China Consumer Rights Protection Law " Article 25, the operator uses network, television, telephone, mail order and other methods to sell goods. Consumers have the right to return within 7 days from the date of receipt of the goods, and there is no need to explain. Chongqing Consumer Rights Protection Committee Personnel Roland introduced that if the consumer wants to pay for a deposit, you can first fulfill the contract, after paying the end of the end, keep the goods in good condition, apply for "seven days no reason" on the e-commerce platform.
However, Roland also reminded that the above legal provisions also stipulate that there is a fresh and easy-to-rated commodity, online download or consumer-demolored audiovisual products, computer software and other goods, unable to return. Therefore, consumers don’t excessively depend on "Seven-Day no reason to return", to understand the commodity returns in advance to avoid economic losses. The reporter interviewed a multi-appliance store to shop customer service personnel learned that for pre-sale goods that have delivered deposits, consumers have been delivered after delivery, such as maintaining goods, does not affect secondary sales, and in line with the "seven days of no reason" returns relevant regulations Merchants can return the refund.
"Double 11" is the high-release period of consumer rights rights. The Chongqing Consumer Rights Protection Committee recently released "Double 11" consumption tips, warm reminding consumers to do the sex "tail", according to their actual needs reasonable consumption, pay attention to reading red envelopes, The use rules of coupons, and save the relevant evidence such as chat records, express delivery orders, such as the dispute between the merchants, complaints to the e-commerce platform, the Consumer Association Organization or the market supervision department.